Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 83,91,148(1),156(6)(7),158,162

(a) Punjab Local Government Ordinance (XIII of 2001)-------Ss. 83, 91, 148(1), 156(6)(7), 158 & 162---Bye-election of Nazim or Naib Nazim---Right of' Officiating Nazim or Naib Nazim to contest bye -election---Scope---Officiating Nazim or Naib Nazim would be a different person/separate entity than a Nazim or Naib Nazim---Holding office of Officiating Nazim or Naib Nazim by a member would not bar him to hold office of a Member as a second office---Officiating Nazim or Naib Nazim would hold such office temporarily to oversee the work of Nazim or Naib Nazim, until he was elected in bye-election as no office could be left vacant even for a single day---Punjab Local Government Ordinance, 2001 did not provide for resignation by Officiating Nazim or Naib Nazim and provisions of Ss. 83, 91 & 158 thereof would not apply to them---Allowing Officiating Nazim or Naib Nazim to resign to contest bye-election would lead to vacuum and inconvenience to functioning of Council---Officiating Nazim or Naib Nazim, whether resigned from such office or not, could not contest bye-election---Principles.(b) Words and phrases-------"Officiate"---Meaning.Ballenine's Dictionary and Illustrated Oxford Dictionary, Volume II, page 1170 ref.THIS ORDER PASSED BY: SYED SHABBAR RAZA RIZVI, J.--- The petitioner is a General Councillor in Union Council No.146 of 2007, Sargodha. The Nazim of said Union Council was recalled, thus, petitioner was elected as an Officiating Nazim as required under section 156(7) of the Punjab Local Government Ordinance, 2001 (hereinafter referred as Ordinance). Under the same section, a vacancy of Union Nazim is required to be filled through bye-election within 120 days of the occurrence of vacancy in accordance with subsection (1) of section 148 of the Ordinance. Bye-election to the seat of Nazim of Union Council No.146 of 2007 of Sargodha has been scheduled. 2. The petitioner also filed his nomination papers to contest for the seat of Nazim Union Council. Considering himself subject to section 158 of the Punjab Local Government Ordinance, 2001, the petitioner resigned from post of Officiating Nazim of Union Council to contest the bye-election. However,…